Country Report on Human Rights Practices for 1990
MALDIVES
The Republic of Maldives has a parliamentary form of
government with a strong president. In practice, government
authority in this small, homogeneous society rests largely in
the hands of President Maumoon Abdul Gayoom and a handful of
powerful cabinet ministers from several influential families.
There are no political parties. Candidates for the unicameral
legislature, the Majlis, run as individuals. The Majlis
selects a single nominee for president who is subsequently
approved or rejected by the voters. In 1988 President Gayoom
was reelected to a third term. This followed his unanimous
nomination by the Majlis and subsequent approval in a public
referendum by more than 95 percent of those voting.
Until 1988 Maldivians saw no need for a large security and
defense establishment, as their remote island nation had not
been attacked or invaded for hundreds of years. In November
1988, however, a few Maldivians and foreign mercenaries
attempted unsuccessfully to overthrow the Government. After
the attempt, the Government moved to strengthen its security
forces. The National Security Service (NSS), previously
numbering fewer than 1,000, is now a force of about 1,800.
The NSS is responsible for maintaining internal law and order
and defending the country. The police division of the NSS
investigates crimes, makes arrests, and enforces house arrest.
The Maldives is comprised of 1,190 islands in 26 atolls
scattered across an area 500 miles long by 75 miles wide in
the Indian Ocean. The isolation of individual islands from
each other, and of the Republic from the rest of the world, is
a dominant feature of social and economic life. Nearly half
the work force engages in traditional activities such as
fishing and small-scale agriculture. Industry accounts for
only 13 percent of the gross national product. Tourism is the
largest foreign exchange earner.
Human rights continue to be sharply restricted in several
areas, including speech and press, religion, the right of
citizens to change their government, and women's and workers'
rights. Some of these restrictions, on religion and women's
rights for example, are linked with tradition and the
observance of the Shari'a (Islamic law). The Majlis appeared
to show greater assertiveness in 1990, holding an open and
lively debate over proposed constitutional and legal reforms.
This was overshadowed though by the Government's tough
crackdown on the independent press and the arrest of several
political activists.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Maldivians follow Islamic law. Occasionally convicted
criminals are flogged. There were credible reports that
several persons, including a journalist arrested on political
charges, were beaten while in police custody in 1990.
Usually, however, punishment is confined to fines,
compensatory payment, house arrest, imprisonment, or
banishment to a remote and sparsely populated island.
d. Arbitrary Arrest, Detention, or Exile
The Constitution states that "no person shall be apprehended,
except on a verdict specified by Shari'a or (civil) law."
There is no provision under Maldivian law for preventive
detention. Incommunicado detention is rare.
Police undertake investigations either on suspicion of
criminal activity or in response to a formal written complaint
alleging commission of a crime. Depending on the results of
the police investigation, the Attorney General may refer the
case to the appropriate court. Complainants may also petition
the court's intervention. A suspect may, depending on the
charges, be detained or placed under house arrest for 15 days
while the case is being investigated. In some cases,
especially political ones, suspects have been detained without
charge. In cases not brought to trial within 15 days, the
suspect is to be freed. Detention or house arrest may be
extended after the first 15 days by authority of the
President, though usually for less than a month. There is no
legal provision for bail; however, a defendant in detention
who has valid reasons to travel may receive permission to do
so from the Prisons Division.
A provision of the penal code makes actions that "arouse the
people against the government" illegal. In November the
Majlis passed and the President signed into law legislation
amending this section of the penal code to define more
precisely what constitutes antigovernment activity. At year's
end, it was not yet clear what effect this change would have
on the Government's broad authority to arrest political
dissidents.
Also in November, the Government detained a dozen or more
journalists and political opponents shortly before the opening
of the summit of the South Asian Association for Regional
Cooperation (SAARC) held in Male, the capital. Charges
against the detainees were not made public. It was widely
believed that they were taken into custody to prevent contact
with foreign journalists and other delegates attending the
meeting. They were still in custody as of early December.
There were no cases of foreign exile in 1990. The practice of
banishment to remote islands is a form of internal exile.
e. Denial of Fair Public Trial
There is a High Court and eight lesser courts in Male. Each
deals with specialized cases, such as debt, theft, or property
claims. On other islands, there are all-purpose courts.
There are no jury trials. Trials are open to the public and
are conducted by judges trained in Islamic law. All judges
are appointed by the President and serve at his pleasure; thus
they cannot be considered fully independent. Cases in island
courts that present complex legal questions are referred to
the appropriate specialized court at Male. The Male court can
in turn refer the legal issue to four judges attached to the
Justice Ministry. The High Court acts as a court of appeal
and handles politically sensitive cases.
During trial, the accused may defend himself and call
witnesses. He also may be assisted by a lawyer. However,
there are few lawyers in the Maldives, and courts do not
provide them to defendants. Generally, the length and type of
sentence are established by law and custom.
In May President Gayoom abolished the Police Court, which
operated outside of the regular judicial system under the
authority of the Ministry of Defense and National Security and
had been the focus of many complaints of abuse of legal rights.
A member of the Majlis, known as an outspoken critic of the
Government, was arrested in September on charges that were not
made public. It is widely believed that his arrest was in
connection with his opposition to the Government. He was
still being held under house arrest, pending trial, at year's
end.
In early 1990, seven Maldivians were convicted of offenses
related to alleged ant i government activity, including the
circulation of fliers advocating the overthrow of the
Government. Some Maldivians believe that the charges against
the seven were trumped up and that they are being punished for
their political activism. The seven were banished to remote
islands to serve sentences of 4 to 6 years.
f . Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution prohibits opening, intercepting, reading, or
making public letters, telephone conversations, telegrams, and
wireless messages exchanged between persons "except in
accordance with the specific provisions of the law." There is
no evidence that the Government monitors correspondence or
telephone conversations or uses a regular system of
informers. In August a cassette tape of a private telephone
conversation between two officials accused in an alleged
corruption scandal was distributed in Male; most indications
point to the call having been intercepted, taped, and
distributed by private citizens. The Constitution requires
that private premises and dwellings be respected. There have
been no reports of practices to the contrary.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and expression
"so long as the specific provisions of Shari'a and the law are
not contravened." In practice, freedom of speech and press is
sharply restricted. Under Maldivian law and custom, a citizen
may criticize or complain to the Government without fear if he
does so through recognized channels. These include letters or
oral complaints to the President, a Majlis member, a civil
servant, or other person in authority. However, the law that
forbids arousing opposition to the Government, together with a
tradition of authoritarian rule, make Maldivians careful when
expressing their opinions to foreigners or in the media.
At least four privately owned newspapers were published in
1990, two reportedly owned by government ministers. The other
two, Sangu and Hukuru, discontinued publication at midyear
under government pressure following several months during
which they published articles sharply critical of the
Government and key government officials. In May the
Government revoked the official registration of Sangu for
inciting ant igovernment activity, including strikes. At about
the same time, two journalists affiliated with Sangu were
arrested and detained for several days—one apparently for
writing an article in a Sri Lankan newspaper which alleged
vote-rigging and other malpractices by government officials
and the other apparently for drawing a cartoon which parodied
high-ranking government officials. As of year's end, the
Government's cases against the two were still pending.
Hukuru ceased publication in August after its editor was
arrested on charges that were not made public but are believed
related to the newspaper's sometimes sharp criticism of
certain government officials. The editor was still in custody
as of the end of the year. In addition, journalists writing
for Sangu and Hukuru claimed to have been the target of death
threats and harassment by government supporters. Several
journalists associated with the two newspapers were taken into
custody shortly before the SAARC summit in November,
apparently to prevent them from talking to foreign journalists
attending the event.
The Government publishes two news bulletins and also owns and
operates the only television and radio station. There is no
prior censorship of newspapers. However, because writers and
editors are sxibject to prosecution if their articles
contravene the law, very broadly construed, self-censorship is
well ingrained.
There are no prohibitions on the import of foreign
publications, except those containing pornographic material.
However, in 1990 the Government impounded a shipment of
newspapers printed in Sri Lanka and aimed at Maldivian
readers, apparently because the publication contained material
critical of government officials. The Maldivian publisher was
also detained. He was believed still to be in custody as of
the end of the year. Foreign broadcasts are not jammed.
b. Freedom of Peaceful Assembly and Association
The Constitution assures freedom of assembly and association.
However, Maldivians make little use of these freedoms in a
political sense. Most rallies and meetings are sponsored or
approved by the Government and are usually addressed by
government officials or religious leaders. The only exception
known to have occurred in 1990 was an abortive demonstration
that was to have been held on June 1 to protest the alleged
involvement of government officials in a corruption scandal.
The demonstration, announced in unsigned fliers, did not take
place, though hundreds of Maldivians milled around in the
streets at the appointed hour amid heavy security.
Clubs and other private associations are permitted if they do
not contravene Shari'a and civil law. They must be registered
with the Government.
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c. Freedom of Religion
Freedom of religion is significantly restricted. The
Constitution affirms Islam as the official religion and
defines all citizens as Muslims. There are no places of
worship for the practice of any other religion. Missionaries
of non-Muslim faiths may enter the Maldives but are forbidden
to proselytize. Conversion of a Muslim to another faith is a
violation of Shari'a law and could result in loss of
citizenship for the Maldivian convert, though it is not known
if this section of the law has ever been applied. Those
Maldivians who have converted to another faith, usually after
having lived abroad, do not advertise their conversion when in
the Maldives.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government discourages Maldivians from changing islands of
residence, primarily because most migrants move to Male, which
is severely overcrowded. Government regulations limit
migration to the capital island and its surrounding atoll,
permitting it for short periods only for work, education, or
medical treatment.
There are no restrictions on foreign travel or emigration.
The Government does not require exit visas. It requires a
Maldivian who has acquired another nationality to maintain
Maldivian nationality concurrently. Such a dual national must
enter and leave the Maldives on a Maldivian passport. The
Government is not known to have revoked the citizenship of any
Maldivian. There are no refugees or displaced persons in the
Maldives. As far as is known, no Maldivians have been exiled
abroad or are refugees or displaced persons elsewhere.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Maldivians have only limited and indirect influence on the
selection and organization of their government. The President
and several key members of the Cabinet wield the overwhelming
preponderance of power. A single nominee for president, who,
under the Constitution, must be male and a Sunni Muslim, is
chosen by secret ballot in the Majlis from as many candidates
as are proposed by members. His nomination is confirmed or
rejected in a nationwide referendum, also by secret ballot.
President Gayoom was elected for a third 5-year term by this
process in 1988, receiving 95 percent of the vote.
Members of the Majlis, a unicameral legislature, are chosen
for 5-year terms by secret ballot. All Maldivians over 21
years of age may vote. Of 48 members, 40 are elected—2 from
each of the 19 inhabited atolls and 2 from Male—and the
President appoints 8. Individuals or groups may freely
approach members of the Majlis with grievances or opinions on
proposed legislation. The most recent Majlis election was
held in November 1989.
While they are not forbidden by law, there are no political
parties, President Gayoom has publicly discouraged their
formation, declaring political parties inappropriate to the
homogeneous nature of Maldivian society. In place of
political parties, factions in the Majlis tend to form around
individuals or points of view. Any member may introduce
legislation. If seconded, it must be considered by the
Majlis. The Majlis may question ministers and call for their
removal. In practice, the Majlis generally supports the
Government; however, in 1990 the Majlis demonstrated greater
assert iveness than in the past, for example, by introducing
and debating significant new legal reforms. The Majlis passed
legislation defining more restrictively the circumstances
under which persons may be arrested for "antigovernment
activity" . Legislation broadening the legal rights of
detainees was still being debated at year's end.
Women are not excluded by law from any governmental post
except president, but, for reasons of tradition and culture,
few women seek or are selected for public office. In 1990 2
women served in the 48-member Majlis. There were no female
members of the Cabinet.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
As far as is known, there were no public rec[uests for outside
investigation of human rights violations in 1990. In 1989
President Gayoom responded to an appeal from Amnesty
International (AI) on behalf of 16 people sentenced to death
after their conviction of involvement in the November 1988
coup attempt, informing AI that he had commuted their
sentences to life imprisonment.
An association calling itself the Law Society of the Maldives,
with the professed aim of protecting the legal and
constitutional rights of Maldivians, was registered with the
Government in mid-1990, but it took no discernible actions
toward that end during the year.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women by tradition play a subordinate role in Maldivian
society, although they now participate in public life in
growing numbers. Islamic practice is the basis for Maldivian
civil law. It is therefore easier for husbands to divorce
wives than vice versa. Islamic law also governs inheritance.
Most women, like most men, are not part of the cash economy.
Women who do work for wages—for the Government, in business,
or in garment factories—generally receive wages similar to
those of men in the same positions. Approximately 9 percent
of uniformed NSS personnel are now female.
Violence against women occurs in the Maldives, but little is
known about its extent. Abuse within the family, such as wife
beating, is seldom mentioned publicly owing to the value
attached to personal privacy in this conservative society, and
the Government does not acknowledge the existence of a
problem. There are no official statistics on the subject.
Section 6 Worker Rights
a. The Right of Association
There are no trade unions in the Maldives. While unions are
not expressly prohibited, the Government recognizes neither
the right to form them nor the right to strike, and strikes do
not occur. Professional associations are permitted under the
law. The Maldives is not a member of the International Labor
Organization.
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b. The Right to Organize and Bargain Collectively
Workers' rights to organize and bargain collectively are
neither recognized nor protected by law. There are no export
processing zones in the Maldives, though the Government has
granted certain tax concessions to investors who opened
garment factories. As far as is known, the customary
procedures governing conditions of labor are the same for
garment factories as for other sectors of the economy. Wages
are set by contract between employer and individual employees.
c. Prohibition of Forced or Compulsory Labor
Although no information is available on Maldivian law
regarding forced or compulsory labor, there have been no
reported instances of such labor.
d. Minimum Age for Employment of Children
There is no compulsory education law or minimum age for the
employment of young people. With the exception of a law
prohibiting government employment of children under the age of
15, there are no regulations governing conditions under which
children or young people may be employed. However, most
employers do not hire young people for work at night or in
what are considered hazardous conditions.
e. Acceptable Conditions of Work
Most working Maldivians are either self-employed or work for
the Government, although a few large private sector employers,
including three garment factories, have set up operations in
the last 10 years. Agreements between the Government and
foreign investors setting up these operations contained no
provisions for workers' rights, including conditions of work.
There are no statutory provisions for hours of work and length
of annual leave. An 8-hour day, 6-day workweek is customary,
though not enforced by law.
There is no national minimum wage, although the Government has
established wage floors for certain kinds of work. Overtime
pay for those who work more than an 8-hour day is customary,
though not required. Government workers receive 3 weeks'
leave per year. There are no laws governing health and safety
conditions
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